DREAM Act held up by overly broad language

Cuomo balks at making tuition aid available to immigrants on temporary visas

1of3New York State Assembly Speaker Carl Heastie, surrounded by his fellow Assembly members, announces that the Assembly will take up and pass the Dream Act, during a press conference on Monday, Feb. 5, 2018, in Albany, N.Y. (Paul Buckowski/Times Union)PAUL BUCKOWSKI2of3Speaker Carl Heastie speak during a news conference to announce the pending passage of the Jose Peralta New York State Dream Act on Wednesday Jan. 23, 2019, at the Capitol in Albany, N.Y. (Will Waldron/Times Union)Will Waldron/Albany Times Union3of3

Immigration advocates, including many 'Dreamers,' attend a press conference to announce the pending passage of the Jose Peralta New York State Dream Act on Wednesday Jan. 23, 2019, at the Capitol in Albany, N.Y. (Will Waldron/Times Union)

Will Waldron/Albany Times Union

ALBANY — Heralded as a boon to undocumented immigrant New Yorkers, the DREAM Act has been on hold for more than two months because of legislative language that would allow foreign nationals attending college on temporary visas to obtain state tuition assistance.

The legislation, which bounced around the Capitol for a decade before being passed by the Assembly and Senate in January, was crafted to benefit so-called "Dreamers," undocumented immigrant students who in many cases have lived most of their lives in America. There are between 6,000 and 8,000 undocumented students in New York's higher education system.

The measure's immediate fate has become ensnared in the ongoing budget negotiations, with the state Legislature and Gov. Andrew M. Cuomo hashing out changes to the eligibility requirements and identifying the $27 million in funding needed to pay for its provisions.

The bill has yet to be sent to the governor for his signature. A spokesman for Cuomo, who wants the language rewritten to narrow eligibility for the funds, said officials "hope to resolve these issues soon."

Sen. Luis Sepulveda, a Bronx Democrat who sponsored the legislation, is "100 percent confident" that the outstanding discrepancies will be resolved in the budget process. He expects the legislation will be signed after passage of the budget, which is facing a Sunday deadline.

While still supporting a broad application of the benefits, Sepulveda is willing to accept a narrow definition that would essentially restrict the program to Dreamers for now.

"If that is going to hold this up, we can work it one at a time," he said. "We (originally) wanted to make it as expansive as possible."

The broad application of the legislation caught some of its Assembly champions by surprise during this year's floor debate in the chamber, as they believed Dreamers were the only intended beneficiaries.

Assembly Republicans seized on the language, laying out scenarios where students from China or Canada would take advantage of the tuition benefits.

"This has no residency requirement that says you have to live here for 15 years or 10 years or even five years that would then be exclusive to the Dreamers that the bill is talking about trying to help," said Assemblyman Doug Smith, R-Long Island.

Inclusion of people on temporary visas was defended during the debate by Assemblywoman Rodneyse Bichotte, D-Brooklyn. "This is an opportunity for us to expand economically and socially," she said.

The New York Immigration Coalition, a longtime advocate of the proposal, wants the legislation signed into law as soon as possible so all New York residents will have access to tuition assistance for the fall semester.

Administration of the program will be handled by the state's Higher Education Services Corporation, which could theoretically craft regulations that limit eligibility. Additionally, there is the possibility that Cuomo and legislative leaders could agree to a chapter amendment that would tweak the initial legislative language, or include a fix in the final budget bills.

No matter what route they pursue, Sepulveda expects the program will be able to hit the ground running in time for the fall semester. "I think (HESC is) already working on the proper implementation," he said.

David began reporting in the summer of 2009 as an intern with the Legislative Gazette.

He then worked for the Daily Gazette, covering state government, gambling issues, and Saratoga County. His political blog won first prize for blogging in 2013 from the New York State Associated Press Association.

David most recently worked as capitol reporter and development strategist for New York StateWatch, an online non-partisan reporting service.